Legal Opinion

Town of Lebanon v. Ohio & Mississippi Railway

Illinois Supreme Court

Decided June 15, 1875PublishedCited by 7 opinions

Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was a bill in chancery, bv the Ohio and Mississippi Railway Company against the town of Lebanon, J. W. Hughes, sheriff and collector, and school districts Nos. 3, 4, 6 and 7, in township 2 north, range 6 west, to restrain the collection of certain back taxes levied by said town and school districts upon the property of the complainant.

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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was a bill in chancery, bv the Ohio and Mississippi Railway Company against the town of Lebanon, J. W. Hughes, sheriff and collector, and school districts Nos. 3, 4, 6 and 7, in township 2 north, range 6 west, to restrain the collection of certain back taxes levied by said town and school districts upon the property of the complainant. The opinion of the court contains a sufficient statement of the facts of the case to an understanding of the points decided. The court below granted the relief…

1Opinion of the CourtChief Justice Scott

In the latter part of the year 1870, the county clerk of St. Clair. county extended on the tax books of that county for that year, below the name of the Ohio and Mississippi Bail way Company, and against its property denominated and described as “right of way,” a tax, amounting in the aggregate to |3136.50, purporting to be arrearage or back tax on the property of the railroad company for the years 1864 to 1869, both years inclusive, in favor of certain school districts and the town of Lebanon. Although the property is described as the “ right of way,” it is understood the property in fact…

2Cases cited4 opinions

  1. Harward v. St. Clair & Monroe Levee & Drainage Co.Illinois Supreme Court · 1869
  2. Thurston v. LittleMassachusetts Supreme Judicial Court · 1807
  3. Graves v. BruenIllinois Supreme Court · 1849
  4. Billings v. DettenIllinois Supreme Court · 1853

3Cited by7 opinions

  1. Law v. People ex rel. HuckIllinois Supreme Court · 1877
  2. Wallace v. BullenSupreme Court of Oklahoma · 1896
  3. People v. Illinois Central RailroadIllinois Supreme Court · 1916
  4. Kimball v. Merchants' Savings, Loan & Trust Co.Illinois Supreme Court · 1878
  5. Weber v. Ohio & Mississippi Railway Co.Illinois Supreme Court · 1884

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